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separately. LOCAL SPONSORS are prohibited from commingling funds on either a program - <br />by -program or a project -by -project basis. Funds specifically budgeted and/or received for one <br />project may not be used to support another project. Where a LOCAL SPONSOR's, or <br />subrecipient's, accounting system cannot comply with this requirement, the LOCAL <br />SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability <br />for each project it has been awarded. <br />B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT <br />shall have the right to demand a refund, either in whole or in part, of the funds provided to the <br />LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this <br />Agreement. The LOCAL SPONSOR, upon such written notification from the <br />DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of <br />money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on <br />the prevailing rate used by the State Board of Administration. Interest shall be calculated from <br />the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL <br />SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. <br />C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and <br />reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall <br />reimburse the DEPARTMENT for all recovered funds originally provided under this <br />Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the <br />State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are <br />recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT <br />by the LOCAL SPONSOR. <br />37. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this <br />Agreement without the prior written consent of the DEPARTMENT's Project Manager. <br />Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work <br />to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the <br />executed subcontract to the DEPARTMENT within ten (10) days after execution. The <br />LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included <br />in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the <br />payment of all monies due under any subcontract. It is understood and agreed by the LOCAL <br />SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses <br />or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely <br />liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The <br />LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based <br />on the travel limits established in Section 112.061, Florida Statutes. <br />1. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to <br />consultants/contractors in performing the work described in Attachment A. Invoices <br />submitted to the DEPARTMENT for fixed price subcontracted activities shall be <br />supported with a copy of the subcontractor's invoice and a copy of the tabulation form <br />for the competitive procurement process (Invitation to Bid or Request for Proposals) <br />resulting in the fixed price subcontract. <br />2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a <br />fixed price subcontract resulting from procurement methods other than those identified <br />in the paragraph above. In this instance, the LOCAL SPONSOR shall request the <br />advance written approval from the DEPARTMENT's Project Manager of the fixed price <br />negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a <br />detailed budget and Scope of Services to be performed by the subcontractor. Upon <br />DEP Agreement No. 14IR3, Page 8 of 11 <br />